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(영문) 전주지방법원 군산지원 2015.12.22 2015고단842 (1)
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 10, 2015, the Defendant stated that “A slope belonging to the pertinent police station, who is investigating the instant case, such as violation of the Road Traffic Act (e.g., rejection of noise measurement) against C (in the case of being indicted as co-defendant on October 29, 2015, but died on the death of October 29, 2015) at the traffic survey department office of the Jeonsan-si Police Station located in the Masan-si, Chungcheongnam-si, Seoul, the Defendant driven a motor vehicle at H Hh-hurt-hurd from the E apartment at the request of C around April 22, 2015, in order to cause damage to the driving of the motor vehicle from the E apartment at the next city to the Gmat located in the F in the next city in the Hasan-si.”

However, on April 7, 2015, at around 21:52, when C had not obtained a driver's license, driven a motor vehicle from the “Gmat” in front of the “Gmat” in the F, Y, and stopped the said motor vehicle in front of the said mat. On the same day, at around 22:30 of the same day, there are reasonable grounds to recognize that C was driven while under the influence of alcohol, such as smelling from the I Zone J of the Yansan Police Station I of the Yansan Police Station, which found the said motor vehicle, and unstable pedestrian conditions, etc., and there is no reason to believe that C driven the said motor vehicle, from around 23:14 of the same day to 23:40 of the same day, it was demanded that C comply with a drinking test by inserting a drinking measuring machine for three times at the I Zone of the Yan National Police Station, and there was no reason for the Defendant to drive the said motor vehicle.

Accordingly, the defendant, who committed a crime corresponding to a fine or heavier punishment, has made the above C escape escape.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Police suspect interrogation protocol of the accused;

1. The police statement of the defendant;

1. Investigation report (specific suspect who has refused to measure music and specific case)

1. Copies of internal investigation reports (on-site situations, etc.), reports on detection of drinking drivers, reports on circumstantial statements of drinking drivers, and records of use of drinkers for drinking alcohol;

1. Application of control-related photographs and the ledger of driver's licenses (C) laws and subordinate statutes.

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